Traffic Orders for Devon towns

From: Peter Harry

24 October 2010

Dear Devon County Council, Please provide copies of all traffic orders created by Devon County Council since May 2008 that authorise parking restrictions at Devon towns and parts of towns within the Devon Civil Parking Area.

From: Freedom of Information Office - Mailbox
Devon County Council

25 October 2010

Dear Peter Harry

Information Request 00738

I am in receipt of your request for information under the Freedom of Information act regarding traffic orders created by Devon County Council since May 2008, dated 24/10/2010. You are entitled to be informed as to whether or not Devon County Council holds the information you have requested, and to have this communicated to you within 20 working days, subject to the application of any exemptions under the act.

You should expect to have received a response to your query by 22/11/2010.

Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Freedom of Information Office - Mailbox
Devon County Council

28 October 2010

I am in receipt of your request for information under the Freedom of Information Act regarding copies of all traffic orders created by Devon County Council since May 2008.

Please note that in order to progress your request, we require further points of clarification, namely, are you seeking permanent or temporary traffic orders or both?

All Traffic Orders that have been sealed are available on the internet ([1]http://www.devon.gov.uk/index/transportr...), however, these would be in word document format therefore not showing the seal. Traffic orders which have been revoked would not appear on the web any longer; these however, appear to be held in the council's Legal Services team.

I would be obliged if you would clarify which form of traffic order you require for your purposes, so that we may continue with your request. Further to the above, please note that Devon County Council has placed your request temporarily on hold. We will be happy to further process your request once we are in receipt of suitable clarification on the points previously raised.

Upon receipt of further clarification from you, a new deadline date for your request will be ascribed and this will be communicated to you directly.

Disclaimer: [2]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

28 October 2010

Dear Freedom of Information Office - Mailbox,

I am seeking permanent Traffic Regulation Orders (Parking) from 2008 that were made since that date. ie, if an order was raised to restrict parking on DY's on X road in Sidmouth for instance since 2008.

From: Freedom of Information Office - Mailbox
Devon County Council

28 October 2010

Dear Peter Harry

Information Request 00738

Thank you for your recent points of clarification regarding your Freedom of Information request. In order that we are clear in providing a response, I request that you clarify whether you wish for revoked orders to be included in any response that Devon County Council makes to this request.

I would be most grateful if you could clarify this point so that we can ensure a complete response is issued to your query.

Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

28 October 2010

Dear Freedom of Information Office - Mailbox,

Thank you for your response. No! I do not need revoked orders, I already have them.

All I need is all the Traffic Orders (On St parking) since 2008. The 2008 order revoked all previous orders. The 2009 order revoked all previous orders. The active 2010 order revoked all previous orders, and there is a list of all revocations.

For further clarity An order came into force on 28 August 2009, It is cited as "Devon County Council (Traffic Regulations and On-Street Parking Places)(Consolidation)Amendment Order 2009. As it is a consolidation amendment order, what Traffic Orders did it consolidate? That is what I need, the orders that were consolidated into the amendment. And further as you require more clarity, copies of the newspaper ads (Notice of making of each order.)

And the same requirements will apply to the 19 February 2010, that is cited as "Devon County Council(Traffic Regulations and On-Street Parking places)(Consolidation) Amendment Order 2010"

I remain at your total disposal if you have need for further clarification.

From: Freedom of Information Office - Mailbox
Devon County Council

29 October 2010

Thank you for your recent clarification of your Freedom of Information request. I will pass this clarification on to the officers who will now be compiling your official response.

You are hereto entitled to be informed as to whether or not Devon County Council holds the information that you have requested, and to have this communicated to you within 20 working days, subject to the application of any of the statutory exemptions from disclosure under the Act.

You should expect to have received a response to your query by 25/11/2010.

Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon

From: Freedom of Information Office - Mailbox
Devon County Council

4 November 2010

Dear Mr Harry,

Information Request: 00738

Further to our correspondence below, we have been asked to clarify exactly what information or documentation it is that you require. As you advise you have already been provided with the revoked Traffic Orders. We have advised you that all active traffic orders can be viewed via our website [1]http://www.devon.gov.uk/index/transportr....

Please confirm what information or documentation is it that you require.

Yours sincerely,

Freedom of Information Team

Devon County Council Information Governance Strategic Intelligence Office of the Chief Executive Room L10 County Hall Topsham Road Exeter EX2 4QD Tel: 01392 38 4678 Disclaimer: [2]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

4 November 2010

Dear Freedom of Information Office - Mailbox,

The 2009 0rder, included TRO's made since the introduction of the 2008 TRO. On the 24th August a (Consolidation) amendment order was produced. I want to know how many orders were made prior to 24th August 2009, where are they and can I have the paper advertisements that went with the proposal of each order?

From: Freedom of Information Office - Mailbox
Devon County Council

2 December 2010

Dear Peter Harry

Information Request 00738

I am in receipt of your request for information under the Freedom of Information Act regarding TRO's made since the introduction of the 2008 TRO.

In response, please note that Devon County Council made 45 CPE amendment orders from 5 May 2008 to 24 August 2009 and each Order is held in our Legal Department. We are unable to send these documents as attachments, as the total size exceeds our e-mail limit. If you would like to contact us and supply a postal address, we would be happy to print each of these and supply them directly to you.

We may be contacted directly via email at [1][Devon County Council request email] or via telephone to 01392 384678. Should you have any additional queries, please feel free to get in touch and we will be happy to assist you further wherever I can.

Yours sincerely

Martin Lawrence Corporate Information Governance Officer

Devon County Council

Strategic Intelligence Room L10 County Hall

Exeter EX2 4QD Tel: 01392 384674

Email: [2][Devon County Council request email]

Your right to complain If for any reason you are not satisfied with how your request has been handled, please write to Devon County Council's Freedom of Information Office, County Hall, Topsham Road, Exeter, EX2 4QD. Details about our Access to Information complaints procedure can be found at [3]http://www.devon.gov.uk/complaintshandling. If your complaint is not resolved to your complete satisfaction, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Re-use of information The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Use for Direct Marketing purposes is prohibited. Any other re-use, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by Devon County Council will have been produced by local officials and will be our copyright. If you would like to re-use any of the information which has been supplied to you, please contact us. Information you receive which is not subject to our copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any information.

Disclaimer: [4]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

2 December 2010

Dear Freedom of Information Office - Mailbox, Can you please provide email attachments spread over several emails that will suit your servers email capcity, or further, it may be of interest to you that the following site which is free,(http://www.mailbigfile.com/free/) may assist you in sending big files to me and other recipients without any hassel. In the time of austerity, it maybe a way of helping you to cut costs by using up less time and not having to use so much paper for copies.

I also note that you have only refered to the amendment orders. Please do not forget as requested, the notices that were advertised at the time each order went to press.

From: Freedom of Information Office - Mailbox
Devon County Council

3 December 2010

Following extensive review of the documentation, I have been able toamalgamate and compress the documents so that they may fit in 3 separateemail responses.

This email will constitute part one of your disclosure, with part 2 andpart 3 to follow.

As previously stated, in response, please note that Devon County Councilmade 45 CPE amendment orders from 5 May 2008 to 24 August 2009 and eachOrder is held in our Legal Department. We are unable to send thesedocuments as attachments, as the total size exceeds our e-mail limit.If you would like to contact us and supply a postal address, we would behappy to print each of these and supply them directly to you.

Your right to complainIf for any reason you are not satisfied with how your request has beenhandled, please write to Devon County Council's Freedom of InformationOffice, County Hall, Topsham Road, Exeter, EX2 4QD. Details about ourAccess to Information complaints procedure can be found athttp://www.devon.gov.uk/complaintshandling. If your complaint is notresolved to your complete satisfaction, you have the right to refer thematter to the Information Commissioner's Office, Wycliffe House, WaterLane, Wilmslow, Cheshire, SK9 5AF.

Re-use of informationThe information supplied to you continues to be protected by theCopyright, Designs and Patents Act 1988. You are free to use it for yourown purposes, including any non-commercial research you are doing andfor the purposes of news reporting. Use for Direct Marketing purposes isprohibited. Any other re-use, for example commercial publication, wouldrequire the permission of the copyright holder. Most documents suppliedby Devon County Council will have been produced by local officials andwill be our copyright. If you would like to re-use any of theinformation which has been supplied to you, please contact us.Information you receive which is not subject to our copyright continuesto be protected by the copyright of the person, or organisation, fromwhich the information originated. You must ensure that you gain theirpermission before reproducing any information.

Disclaimer: http://www.devon.gov.uk/email.shtmlApplicable to private messages: "Devon County Council accepts no legalresponsibility for the contents of this message. The views expressed donot reflect those of Devon County Council"

Your right to complainIf for any reason you are not satisfied with how your request has beenhandled, please write to Devon County Council's Freedom of InformationOffice, County Hall, Topsham Road, Exeter, EX2 4QD. Details about ourAccess to Information complaints procedure can be found athttp://www.devon.gov.uk/complaintshandling. If your complaint is notresolved to your complete satisfaction, you have the right to refer thematter to the Information Commissioner's Office, Wycliffe House, WaterLane, Wilmslow, Cheshire, SK9 5AF.

Re-use of informationThe information supplied to you continues to be protected by theCopyright, Designs and Patents Act 1988. You are free to use it for yourown purposes, including any non-commercial research you are doing andfor the purposes of news reporting. Use for Direct Marketing purposes isprohibited. Any other re-use, for example commercial publication, wouldrequire the permission of the copyright holder. Most documents suppliedby Devon County Council will have been produced by local officials andwill be our copyright. If you would like to re-use any of theinformation which has been supplied to you, please contact us.Information you receive which is not subject to our copyright continuesto be protected by the copyright of the person, or organisation, fromwhich the information originated. You must ensure that you gain theirpermission before reproducing any information.

Disclaimer: http://www.devon.gov.uk/email.shtmlApplicable to private messages: "Devon County Council accepts no legalresponsibility for the contents of this message. The views expressed donot reflect those of Devon County Council"

Your right to complainIf for any reason you are not satisfied with how your request has beenhandled, please write to Devon County Council's Freedom of InformationOffice, County Hall, Topsham Road, Exeter, EX2 4QD. Details about ourAccess to Information complaints procedure can be found athttp://www.devon.gov.uk/complaintshandling. If your complaint is notresolved to your complete satisfaction, you have the right to refer thematter to the Information Commissioner's Office, Wycliffe House, WaterLane, Wilmslow, Cheshire, SK9 5AF.

Re-use of informationThe information supplied to you continues to be protected by theCopyright, Designs and Patents Act 1988. You are free to use it for yourown purposes, including any non-commercial research you are doing andfor the purposes of news reporting. Use for Direct Marketing purposes isprohibited. Any other re-use, for example commercial publication, wouldrequire the permission of the copyright holder. Most documents suppliedby Devon County Council will have been produced by local officials andwill be our copyright. If you would like to re-use any of theinformation which has been supplied to you, please contact us.Information you receive which is not subject to our copyright continuesto be protected by the copyright of the person, or organisation, fromwhich the information originated. You must ensure that you gain theirpermission before reproducing any information.

Disclaimer: http://www.devon.gov.uk/email.shtmlApplicable to private messages: "Devon County Council accepts no legalresponsibility for the contents of this message. The views expressed donot reflect those of Devon County Council"

From: Freedom of Information Office - Mailbox
Devon County Council

16 December 2010

Dear Peter Harry

Information Request 00738

I am in receipt of your request for an internal review of the responseyou have received to the aforementioned request. As the independentFreedom of Information reviewing officer, I will investigate theparticulars of your request and will aim to provide you with a responseto the points you have raised below as soon as possible, but in any casewithin 20 working days.

You should expect to have received a response to your queries by the13th January 2011.

Should you have any further queries regarding your review, please docome back to me and I will be happy to assist you further wherever Ican.

Disclaimer: http://www.devon.gov.uk/email.shtmlApplicable to private messages: "Devon County Council accepts no legalresponsibility for the contents of this message. The views expressed donot reflect those of Devon County Council"

From: Freedom of Information Office - Mailbox
Devon County Council

13 January 2011

Dear Peter Harry

Information Request 00738

I am in receipt of your request for an internal review of your Freedom of Information request 00738. Following extensive review of the documentation disclosed to you, and following further consideration of clarification you have offered regarding your request I am moved to conclude that you have been provided with much of the information requested following your clarification of the 4th November 2010.

For your convenience you submitted to Devon County Council the following point of clarification on 4th November 2010.

"I want to know how many orders were made prior to 24th August 2009, where are they and can I have the paper advertisements that went with the proposal of each order?"

I can confirm that the paper advertisements were dispatched to you over 3 separate emails all dated 3/12/10 and that you have confirmed receipt on 13/12/10 in your original internal review request.

Further to the above in response to your query "...how many orders were made prior to 24th August 2009, where are they" I repeat that there have been 45 orders between 2008 and 2009 and 75 between 2009 and 2010. I can also confirm that these orders are held by the council's legal services team.

I understand that you are already in receipt of revoked traffic orders vis-à-vis your email dated 28/10/10 in which you state;

"Thank you for your response. No! I do not need revoked orders, I already have them"

I hope this clarifies the position of Devon County Council with regards to this internal review. I now consider the review closed.

Your right to complain If for any reason you are not satisfied with how your request has been handled, please write to Devon County Council's Freedom of Information Office, County Hall, Topsham Road, Exeter, EX2 4QD. Details about our Access to Information complaints procedure can be found at [2]http://www.devon.gov.uk/complaintshandling. If your complaint is not resolved to your complete satisfaction, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Disclaimer: [3]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

13 January 2011

Dear Freedom of Information Office - Mailbox, I have been advised, that in order to obtain the information I first requested on the 24th October 2010 re:- Traffic Orders for Devon Towns. That I reword the request as follows:-

I make the following request under the Freedom of Information Act: I request that you, the relevant highway authority provide me with pdf (not paper) copies of:

All permanent Traffic Regulation Orders, whether ammended or not, made or coming into force after 1st May 2008 until the commencement of the 2009 Devon wide TRO, that impose parking controls / restrictions throughout the county of Devon including (where necessary) copies of Schedules and attached maps / plans.

From: Freedom of Information Office - Mailbox
Devon County Council

14 January 2011

Dear Mr Harry,

Thank you for your below request. This appears to be the same information that you requested in your request reference 00738. Below you have requested 'All permanent Traffic Regulation Orders, whether ammended or not, made or coming into force after 1st May 2008 until the commencement of the 2009 Devon wide TRO, that impose parking controls / restrictions throughout the county of Devon including (where necessary) copies of Schedules and attached maps / plans'

You state in you email of 28th October 2010 'I do not need revoked orders, I already have them'. We have also informed you that all active traffic orders are available via our website. I can confirm that all orders sealed prior to the 2010 CPE Order were revoked by the 2010 Order. Therefore, if you have in your possession all revoked orders, and the active orders are publically available, I am not clear as to which orders you are referring.

I apologise if I have mis-understood your request, but until it is made clear as to what documents you are require, I am unable to proceed.

Yours sincerely,

Freedom of Information Team

Devon County Council Information Governance Strategic Intelligence Office of the Chief Executive Room L10 County Hall Topsham Road Exeter EX2 4QD Tel: 01392 38 4678 Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

16 January 2011

Dear Freedom of Information Office - Mailbox, It would be helpful if you could provide me with all the orders that were applicable to the paper advertisements you have given to me. Let me explain: The 2008 order which I have, revoked all previous orders. Between the making of that order (2008) and the introduction of the 2009 order, according to information you have already provided, 45 amendment orders were reproduced. It is those orders that I wish to have. In an email you sent to me of 3 December 2010: Quote["As previously stated, in response, please note that Devon County Council made 45 CPE amendment orders from 5 May 2008 to 24 August 2009 and each Order is held in our Legal Department. We are unable to send these documents as attachments, as the total size exceeds our e-mail limit. If you would like to contact us and supply a postal address, we would be happy to print each of these and supply them directly to you."]Unquote.

I told you how you could send those documents, but all you sent to me was the news paper advertisements for those orders. When those orders were advertised, I will quote from just one, Quote "The draft order, relevant to sections of the order being amended, plans and a statement of reasons may be inspected."unquote. Etc.

You will note that you say, "each Order is held in our Legal Department." And that is in that same email which you attached paper advertisements to those 45 orders, but not the orders themselves. Even though you claim they are held in your Legal Department. Whilst those 45 orders were revoked by the 2009 Order, I would still like sight of them to corroborate what those 45 amendment Orders contained and what was actually put in the 2009 Order. I am sorry I cannot make it any plainer as to what I require.

Further, I am advised that an internal review must be conducted by someone independent of the person dealing with my request, who was that independent person please?

Your response please to all of the above, would be appreciated in a timely manner.

From: Freedom of Information Office - Mailbox
Devon County Council

26 January 2011

Dear Mr Harry,

Information Request: 00738

I received your clarification on 17th January 2011 for information held by Devon County Council about traffic orders.

You are entitled under the Freedom of Information Act 2000 to be informed whether or not the information you have requested is held by Devon County Council and if so to be given access to that information within 20 working days (subject to any exemptions).

You should expect to receive a response to your request by 14th February 2011.

Yours sincerely

Freedom of Information

Devon County Council Information Governance Strategic Intelligence Office of the Chief Executive Room L10 County Hall Topsham Road Exeter EX2 4QD Tel: 01392 38 4678 Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

I am in receipt of your further request for information under the Freedom of Information Act regarding Traffic Orders in Exeter. Please accept our apologies for the length of time it has taken to respond to your request. This has arisen as a result of an administrative error for which we apologise.

In response to your queries, please note that I have attached to this email the first of 3 of 20 traffic orders that we have identified as; "Traffic Regulation Orders, whether amended or not, made or coming into force after 1 May 2008 until the commencement of the 2009 Devon wide TRO, that impose parking controls / restrictions throughout the county of Devon including."

The remaining 17 orders will be dispatched in a separate email owing to file size restrictions.

<<O3592_230420081458.pdf>> <<exeter 3469 bovemoors lane 16 7 8.pdf>> <<exeter 3476 st thomas amendment.pdf>> I hope this information is of assistance to you. If you are not satisfied with my response to your internal review, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Cheshire, SK9 5AF.

Yours sincerely

Freedom of Information Team Devon County Council Information Governance Strategic Intelligence Office of the Chief Executive Room L10 County Hall Topsham Road Exeter EX2 4QD Tel: 01392 38 4674 Â Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

I hope this information is of assistance to you. If you are not satisfied with my response to your internal review, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Cheshire, SK9 5AF.

Yours sincerely

Freedom of Information Team Devon County Council Information Governance Strategic Intelligence Office of the Chief Executive Room L10 County Hall Topsham Road Exeter EX2 4QD Tel: 01392 38 4674 Â Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

From: Peter Harry

29 March 2011

Dear Freedom of Information Office - Mailbox,

On 24th October 2010, I made the following request to you:-

Dear Devon County Council, Please provide copies of all traffic orders created by Devon County Council since May 2008 that authorise parking restrictions at Devon towns and parts of towns within the Devon Civil Parking Area.

Yours faithfully,

Peter Harry

After many replies for clarification, which you had, I was eventually sent (which I did not want) newspaper advertisements of many different Traffic Regulation Orders, which purportedly appeared to you, to satisfy my request – it didn’t.

After making further clarifications to you that I wanted the orders and not the advertisements an impasse was in force by you.

I wrote to the Information Commissioners Office, giving them full details of my request to you and the stage we were then at.

After a period of time, I was informed by the ICO as to what would happen next.

Out of the blue on the 11 March 2011, I received from you some Traffic Orders, many of which did not tie up with the newspaper ads that you had sent to me previously. Some of the ads I might add were not what I requested. There were many that were dated before May 2008. Out of a total of 23 ads, 11 were pre may 2008.

Of the orders (20), which you sent to me after a very great length of time, one is the consolidated order that came into force on 5th May 2008. Of the other 19, it is very difficult to tie them in with the adverts that you placed in newspapers. Therefore, I consider that my request has still not been met.

On the 2nd December 2010, I was informed that 45 CPE amendment orders from 5th May 2008 to 24th August 2009. Before the 24th August an new order came into force.

This order comes into operation on 2 February 2009 and may be cited as “Devon County Council (Traffic Regulation & On-Street Parking Places) Order 2009”

I presume that the 45 amendment orders that you have mentioned were prepared and advertised before the 2nd February 2009, That I would hazard a calculated guess is what I require - where are they?

This is not a new request it is an attempt to once more obtain the public records of my original request.

If you are not able to satisfy my request, could you please provide me with your reasons for not doing so promptly?

Having consulted with some members of Devon County Council and who are aware of my request, are wondering now what qualifications those that work in the FOI office possess and whether it is time for a change.

From: Freedom of Information Office - Mailbox
Devon County Council

8 April 2011

Dear Mr Harry

Information Request 00738

I am in receipt of your recent email below that has been passed to me as the Freedom of Information request Independent Reviewing Officer for the council.

Devon County Council has received a large number of request for information under the Freedom of Information Act for information pertaining to such orders, and as such, I am conducting a full review of the handling of these requests under this legislation. I note the issues that you have faced with your series of requests and I acknowledge the existence of procedural failings, which I will be addressing as part of a review of your recent request review.

There have clearly been issues relating to the interpretation and understanding of information that you have requested, which has been regrettable. However, mindful of the need to press ahead and resolve this issue, I propose to liaise with officers who are an authority on these matter with a view to addressing the information you have requested. I understand that there are moves currently in place to actively publish more Traffic Regulation Orders, which I will clarify with you by the end of next week.

Please rest assured that the issues that you have faced gaining access to this information are in no way a deliberate attempt to refuse you access, but have arisen as a result of a lack of understanding of the subject matter on the part of the Freedom of Information team.

I will be meeting with officers next week with the view to providing you with a substantive response to the components you have raised in your email below by the end of next week.

Should you have any further queries in relation to your request before this time, I invite you to contact me directly via the details below, and I will be happy to assist further wherever I can.

Once again on behalf of Devon County Council I apologise for the delays which have resulted from your request.

Yours sincerely

Martin Lawrence Independent Freedom of Information Review Officer Freedom of Information Team Â Devon County Council Strategic Intelligence Room L10 County Hall Exeter EX2 4QD Tel: 01392 384674 Email: [Devon County Council request email] Â Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

Please note that upon reviewing the history of your request I note that there has been substantial issues of interpretation regarding the information you have requested. I have liaised with the officers responsible for the compilation of your response and I am led to believe that there has been some difficulty interpreting the exact information that you required in your request.

You will note from our responses of the 3^rd December 2010 that you were provided newspaper advertisements which advertise traffic order proposals prior to the 24^th August 2009 Traffic Regulations and On-Street Parking places consolidation amendment order 2009. This was in response to your clarified request of the 4^th November in which you state..."The 2009 0rder, included TRO's made since the introduction of the 2008 TRO.

On the 24th August a (Consolidation) amendment order was produced. I want to know how many orders were made prior to 24th August 2009, where are they and can I have the paper advertisements that went with the proposal of each order?"

I understand from colleagues that the principle issue here has been that there were 20 traffic orders that were made from 5^th May 2008 to the 2nd February 2009 which have subsequently been provided to you in our response of 11^th March 2011. However there were 45 orders made prior to the consolidation amendment order of 24^th August 2009

It is my understanding that Devon County Council has therefore provided you with newspaper advertisements covering the period of 5^th May 2008 to August 2009 but not all of the orders that are associated with each of the advertisements. I believe the reason for this was that the Legal Services Department had worked to a timeframe as defined in your clarification of 4^th November 2010, and this was the reason for you receiving the 20 traffic orders, which covers the orders for the period 5^th May 2008 to 2^nd February 2009 (date of the 2009 Devon wide TRO referred to in your clarification on 13^th January).

Further to the above, I understand that the remaining 25 orders, (which form part of the 45 CPE orders previously mentioned) were enacted after the 2^nd February 2009 and therefore did not form part of our original response, as these fell outside of the scope of our interpretation of your clarification of the 4^th November 2010.

I also note from your internal review response dated 29^th March 2011 that you have raised the issue of the advertisement of the 45 CPE orders, where you state..."I presume that the 45 amendment orders that you have mentioned were prepared and advertised before the 2^nd February 2009, that I would hazard a guess is what I require - where are they?"

From carrying out this review, I have been advised that the average amount of time to enact an order is upwards of 6 months. For this reason, some of the adverts placed do not subsequently have orders enacted. This would explain the difficulty in reconciling adverts placed against orders supplied in our original response.

Procedural matters

In concluding this review, it is clear that the issues that have arisen have resulted from difficulties of interpreting what it was you had requested.

In carrying forward this review, the Freedom of Information team has put in train a series of remedial works that is hoped will improve the openness and transparency relating to the process of publishing revoked traffic regulation orders.

Devon County Council is now in the process of seeking an IT solution whereby all revoked traffic orders will be made available on the council's website. This is hoped will address some of the numerous queries that the council has received regarding these orders.

Further to the above, I also note the council's original response of the 3^rd December 2010 in which you were provided with newspaper advertisements and no traffic orders. This was as a result of our interpretation of your clarification of 4^th November. From receiving your most recent internal review request, it is now clear that you wish to be provided with these orders.

Moving forward

It is clear from review of your request(s) and internal review, that you require sight of all of the 45 civil parking enforcement orders between the dates of 5^th May 2008 and 24^th August 2009. To date you are in receipt of the 20 orders made which cover the period 5^th May 2008 to 2^nd February 2009, however if it is your further wish to receive sight of these additional 25 orders, please confirm this fact with me, and the council will process this request further.

Outstanding issues

Should you decide for Devon County Council to supply you with the additional 25 orders as described above, I would ask that you confirm this fact, so that we may process this request accordingly. I would propose to handle this issue as a separate request for the purposes of providing clarity to both parties concerned.

I hope the information contained in this review explains the difficulties that have arisen from the handling of your request, and I trust the explanations contained herein demonstrate the council's willingness to resolve these issues. On behalf of Devon County Council I apologise for the delay in providing this response you.

Further to the above, I would like to thank you for being part of the process that has enabled us to set in train improvements to our practices and procedures. I am sure these improvements will be of benefit to both the public and the County Council in future.

If your complaint is not resolved to your complete satisfaction, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Martin Lawrence Corporate Information Governance Officer Â Devon County Council Strategic Intelligence Room L10 County Hall Exeter EX2 4QD Tel: 01392 384674 Email: [Devon County Council request email] Â Disclaimer: [1]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

Â *Please note that emails may be disclosed in response to requests under theÂ Data Protection Act 1998 and the Freedom of Information Act 2000.

From: Peter Harry

13 May 2011

Dear Freedom of Information Office - Mailbox, It is regrettable that I find myself replying in this way to your last posting to me.

I have emphasised some type in red to draw your attention to it.

The handling of my request to you has quite frankly been abysmal.

1. A pattern has emerged where it appears that you are unsure as to what is required – yet from your response to me 13 January 2011, you clearly showed me that you were perfectly clear as to what I had requested. YOU WROTE:- “ I repeat that there have been 45 orders between 2008 and 2009 and 75 between 2009 and 2010”. Where has 75 between 2009 and 2010 been a repeat of? – That is something new.

2. Some councillors have looked at my request and cannot for the life of them see why you are so confused. But I can, you are not confused, you have deliberately made attempts to obstruct the passage of my request from the outset. There is it appears some hidden agenda that has prevented you from fulfilling my request. 28th October 2010 you wanted clarification as to whether or not I wanted permanent or temporary traffic orders or both, you made no further clarification requirements in your request for any other part of my request. I replied 28th October 2010 and gave an example. You then sought more clarification concerning revoked orders – where did I make a request for revoked orders? Nevertheless I told you on 28th October 2010 and set out for further clarity at that time. 29th October 2010 you understood my request, because you made no further request for clarification.

3. You clearly understood my request yet further tried to muddy the waters by referring to revoked orders. Let me make that plain for you to understand. I have the 2008 TRO in its entirety that came into force on the 5th May 2008. The 2009 order which came into force 28th August 2009, clearly states at the end of the preliminaries, “Revocations 121 Devon County Council (Traffic Regulation & On-Street Parking Places) Order 2008 and all orders made subsequently under the Act of 1984 that amended that order are revoked in their entirety and any other instrument made under the Act of 1984 (or previous applicable Act) is revoked insofar as it relates to any parking restrictions on the lengths of road in this order provided that any current orders made under sections 9 and 10 of the 1984 Act (i.e. experimental orders) are to remain in force until they expire or are revoked”. Therefore, the 2008 Order has been revoked. If I have the 2008 0rder and it has been replaced by another Order, (In this case by the order made 28 August 2010) it follows that everything in the 2008 Order are now revoked Orders. That is why I did not require them – I already have them.

4. It would appear that when you require further clarification, I have provided it in a way that I thought made it clear as to what I required, but you still did not think it was clear enough.

5. In a reply I made 28th October 2010, the third paragraph opened it up to make it clear as to what I required.

6. Again you required clarification, I could not make it any clearer than I did 28th October 2010 third paragraph, but again I did on the 4th November 2010.

7. You understood at 2nd December 2010, you then told me that DCC had made 45 amendment orders between 5th May 2008 and 24th August 2009. GOOD! But an excuse was made that total size excludes your email limit and a request was made for my address. On 2nd December 2010, I told you how you could send those attachments. I also gave you a free option for you to use when you had big files to send by email, that option was declined.

8. On 3rd December 2010 I was sent newspaper adverts for various orders but not any of the 45 amendment orders mentioned 2nd December 2010 and on 16th January 2011, I again made sure you knew what was required. When an order is made it say’s, “all previous orders are revoked”. That is where you have become confused. Had you sent to me the 45 amendment orders, instead of just the paper ads that were supposed to have gone with them but didn’t, then that may have been the end of the matter, but it wasn’t. You had sent me 20 orders in two parts 3 and 17, so bang went your email limit which was used as an excuse – remember? That was what is now claimed to be only up to 2nd February 2009. You claimed there were 45 orders between May 2008 and August 2009, yet you are only providing me with orders up to February 2009. I do not know why 2nd February 2009 has suddenly appeared. In my response to you 29th March, I presumed that the 45 amendment orders were up to 2nd February 2009. It now transpires that what you told me on the 2nd December 2010 regarding the 45 orders, wasn’t correct, if it was, why am I only getting 20 orders up to 2nd February 2009?

9. Fast forward to 8th April 2011, you said you would reply by the end of the next week that would make it by the 15th April 2011. That date came and went.

10. You have now sent to me on 28th April 2011 your reply, which at best can only be described as excuses the like of which I have never seen before.

11. In that reply you wrote:- I understand from colleagues that the principle issue here has been that there were 20 traffic orders that were made from 5^th May 2008 to the 2nd February 2009 which have subsequently been provided to you in our response of 11^th March 2011. However there were 45 orders made prior to the consolidation amendment order of 24^th August 2009.

12. If there were 45 orders made between 5th May 2008 and the 24th August 2009, why are you making me make a further request for the other 25 to add to the 20 you have already sent to me? Further, DCC have not sent to me all the newspaper ads appertaining to the orders that you have sent, but we are slowly getting there. In my reply to you 29th March 2011, I explained to you that the ads did not tie up with the orders.

13. I had no idea how many orders were made when I initially made my request, you told me there were 45 made between May 2008 and 24th August 2009 and it was those orders that I required. It would appear to me that it is a simple task to forward to me the 45 orders that you CLAIM were made between May 2008 and August 2009. I am still waiting.

In the meantime, I have placed the matter in the hands of the information commissioner.

From: Freedom of Information Office - Mailbox
Devon County Council

3 August 2011

Further to recent correspondence with the Information Commissioner's Office regarding the above request, please note that Devon County Council have considered our response further, and on balance, have agreed that in the interest of bringing your request to a mutually satisfactory conclusion, that we will disclose all outstanding Traffic Regulation Orders pursuant to your request.

Hereto please find Devon County Council's response to your request attached. I hope this information is of assistance to you, and I trust this brings your request to a satisfactory conclusion. Yours sincerely

Martin Lawrence Corporate Information Governance Officer

Devon County Council

Strategic Intelligence Room L10 County Hall

Exeter EX2 4QD Tel: 01392 384674

Email: [1][Devon County Council request email]

Your right to complain If for any reason you are not satisfied with how your request has been handled, please write to Devon County Council's Freedom of Information Office, County Hall, Topsham Road, Exeter, EX2 4QD. Details about our Access to Information complaints procedure can be found at [2]http://www.devon.gov.uk/complaintshandling. If your complaint is not resolved to your complete satisfaction, you have the right to refer the matter to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Re-use of information The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Use for Direct Marketing purposes is prohibited. Any other re-use, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by Devon County Council will have been produced by local officials and will be our copyright. If you would like to re-use any of the information which has been supplied to you, please contact us. Information you receive which is not subject to our copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any information.

Disclaimer: [3]http://www.devon.gov.uk/email.shtml Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"

*Please note that emails may be disclosed in response to requests under the Data Protection Act 1998 and the Freedom of Information Act 2000.